prosecutorial discretion

Prosecutorial discretion refers to the power of a public prosecutor to decide whether to bring formal charges against a suspect and for which offense. This discretion exists in varying degrees across different legal systems. In some countries, like the United States, France, and Japan, prosecutors have significant discretion and can choose not to prosecute even if there's enough evidence for a conviction, effectively granting clemency. In contrast, some nations, such as Italy, mandate prosecution when sufficient evidence is available, while others, like Germany, limit discretion to minor offenses. This power allows prosecutors to consider factors beyond just the evidence, such as the offender's willingness to pay restitution. The decision to prosecute is a crucial step in criminal procedure, determining whether a trial will occur.12